US Legal Forms
Child Support
Montana Construction Lien Notice - Individual

File A Lien In Montana Without A Contract

Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-08-09

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

Description

Montana law sets out the form for the filing of a Construction Lien. The Lien Notice form supplies all of the needed information to put all parties in interest on Notice of the lien claimant's lien. It must be filed within ninety (90) days of the final furnishing of services or materials or within ninety (90) days of the filing of a Notice of Completion.

Bond claim file form nz

View this form

GMCP 1. List of Forms-Petitioner

View this form

Policies and Procedures Designed to Detect...

View this form

System Upgrade Request

View this form

Lease Assignment Clauses: Contract for Rea...

View this form

Form 12 - Application for Leave to File Se...

View this form

Acknowledgment of Will Already Executed an...

View this form

Partial Revocation of Trust and Acknowledg...

View this form

Termination or Cancellation of Listing Agr...

View this form

Employment or Work Application - General

View this form

Sample Letter to Opposing Counsel with Set...

View this form

How to fill out Montana Construction Lien Notice - Individual?

Whether for commercial reasons or for personal affairs, everyone must deal with legal issues at some point in their lives.

Completing legal paperwork requires meticulous care, starting with selecting the right form template.

Once it is downloaded, you can fill out the form using editing software or print it and complete it manually. With an extensive US Legal Forms catalog available, you will never have to waste time searching for the suitable sample across the internet. Utilize the library’s straightforward navigation to find the correct template for any circumstance.

For example, selecting an incorrect version of the File A Lien In Montana Without A Contract will result in rejection when submitted.
Thus, it is crucial to obtain a reliable source of legal documents such as US Legal Forms.
If you need to acquire a File A Lien In Montana Without A Contract template, follow these straightforward steps.
Retrieve the sample you require via the search bar or catalog navigation.
Review the form’s description to confirm it suits your situation, state, and region.
Click on the form’s preview to inspect it.
If it is the incorrect document, return to the search feature to locate the File A Lien In Montana Without A Contract template you need.
Obtain the template if it fulfills your requirements.
If you already possess a US Legal Forms account, click Log in to access previously saved documents in My documents.
If you do not have an account yet, you can download the form by clicking Buy now.
Select the suitable pricing option.
Complete the account registration form.
Choose your payment method: either a credit card or PayPal account.
Select the file format you prefer and download the File A Lien In Montana Without A Contract.

Form popularity

FAQ

Lien must be filed within 90 days of last providing labor or materials. An action to enforce a mechanics lien in Montana must be initiated within 2 years from lien's filing.

New Filings UCC1 Lien$7.00Federal Tax Lien$7.00DPHHS Notice Of Child Support Lien$7.00Title 71 Crop Lien For Seed Or Grain$7.00Title 71 Crop Lien For Hail Insurance$7.008 more rows

Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.

You must send the Owner notice of your right to claim a lien within twenty (20) days of first work performed and/or materials supplied. You must file this notice of your right to claim a lien with the county recorder where the property is located within five (5) days of sending the notice to the Owner.

Before you file a lien claim in Montana, you must serve a copy of the lien claim on every owner of the property. So when preparing your mechanics lien, be sure to make a copy to send out to the owner. You must make this lien notice either by personal service or certified mail with return receipt requested.

Trusted and secure by over 3 million people of the world’s leading companies

Construction Lien Notice - Individual

Note: This summary is not intended to be an all inclusive discussion of Montana's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien to secure the payment of his contract price. M.C.A. Â§ 71-3-523.

How long does a party have to claim a lien?

A Lien Claim must be filed within ninety (90) days of the final furnishing of material or services or within ninety (90) days of the filing of a Notice of Completion by the property owner. M.C.A. Â§ 71-3-523.

What kind of notice is required prior to claiming a lien?

Some parties will be required to file a Notice of Right to Claim Lien. A Notice is NOT required by (a) a person who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; or (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

Generally, if required, a Notice of Right to Claim Lien must be filed within twenty (20) days after the date that materials and services began to be provided. These Notices are valid for one (1) year after filing, but may be extended an additional (1) year after the filing of a Continuation Notice. If a Notice of Right to Claim Lien is required, an unexpired Notice of Right to Claim Lien or Continuation Notice is necessary before a lien may be claimed. M.C.A. Â§ 71-3-531.

By what method is a lien filed in this State?

A Lien Notice must be filed within ninety (90) days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner. If a Notice of Right to Claim a Lien is required, the Lien Notice must declare that the Notice was served on the property owner or that a Notice is not required. Montana statutes set out the form for a Lien Notice in M.C.A. Â§ 71-3-536.

How long is a lien good for?

All actions to enforce a lien must be commenced within two (2) years from the date of the filing of the lien. M.C.A. Â§ 71-3-562.

Are liens assignable?

Montana statutes do not have a provision which states that liens may be assigned to other parties.

Does this State require or provide for a notice from contractors and subcontractors to property owners?

Yes. Montana law provides for a Notice of Right to Claim a Lien. This Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. Generally, it must be filed within twenty (20) days after the first material or services are furnished. A copy of the Notice must be sent to the contracting owner by certified mail or delivered personally, and filed with the county clerk within five (5) days of service. This Notice is effective for one (1) year unless extended an additional one (1) year by a Continuation Statement. M.C.A. Â§ 71-3-531.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Montana statutes allow a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof.

Any party that wishes to claim a lien must do so within ninety (90) days of the filing of this Notice. The Notice of Completion is required to be published once a week for three weeks in a local newspaper and an affidavit attesting to the publication must be attached to the Lien Notice to be filed. M.C.A. Â§ 71-3-533.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Montana statutes do not provide for a Notice of Non-Responsibility as in some other States.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Montana statutes require a lien claimant whose lien has been satisfied to acknowledge the satisfaction of that lien or be held liable for any damages that result from the refusal to do so. M.C.A. Â§ 71-3-537.

By what method does the law of this State permit the release of a lien?

Montana statutes have no specific provision for the release of a lien, other than by payment in full or by expiration of the statute of limitations after two (2) years.

Does this State permit the use of a bond to release a lien?

Yes. Montana statutes allow a contracting owner to substitute a bond in the amount of one and one half times the amount of the lien claimed. Upon the acceptance of the bond by the county clerk, the lien against the real property shall be discharged and released. M.C.A. Â§ 71-3-551.